Terms and Conditions

Vocortex.com is a facility established and maintained by VocortexPty Ltd ACN 606 503 860(Vocortex) for access and use by Vocortex'semployer and jobseeker members.

These Terms and Conditions govern your access to and use of Vocortex.

These Terms and Conditions contain important information, including disclaimers and limitations of liability. Your registration to, and use of, Vocortex constitutes acceptance of these Terms and Conditions.

1. Eligibility for access

To be eligible to register to access, and to access, Vocortex you must be 18 years of age or older. Vocortex has the sole right to determine your eligibility for access, the extent of your access and the level of services available via Vocortex.

2. Your security credentials (username and password)

Your security credentials enable you and Vocortex to prevent unauthorised access to your personal details. You are entirely responsible for its use and you must keep it confidential at all times. You may not permit anyone else to use your security credentials.

We are entitled to assume (and we will assume) that you are the user whenever your security credentials are used to access Vocortex. Please notify us immediately if you become aware of any unauthorised access to or use of your security credentials.

To protect the integrity of your security credentials, we require you to log out of your secure session before you browse away from Vocortex, or before you leave your computer unattended.

Any individual registration permits access on a single computer at any one time, using the security credentials for that registration. You may use any number of machines to access Vocortex from time to time, but will only be able to log on to Vocortex on one machine at any one time.

3. Appropriate use of Vocortex

You must not use or attempt to use Vocortex to:

  1. access information or perform services related to another person (unless expressly permitted by us or that other person); or
  2. send or post any unsolicited messages or any offensive, inflammatory, defamatory, fraudulent, or otherwise unlawful information.

Vocortexis made available to you on the basis that you will act appropriately and responsibly. If you do not, you must bear full responsibility for your actions.

You acknowledge that we can suspend or terminate your use of Vocortex if we reasonably believe that your use of Vocortex is interfering with any services provided by us to any members or you permit anyone else to use your security credentials.

4. Intellectual property rights

You acknowledge that all intellectual property rights (including copyright) in the content, layout, design, concept, graphics, software and organisation of Vocortex (Vocortex Materials) is owned by or licensed to Vocortex.

Vocortex grants you a non-exclusive, revocable licence to use Vocortex for your personal use in accordance with these Terms and Conditions. You are allowed to view the materials online or print a copy for your personal, non-commercial use or record, and you may use our online documents to perform self-service (eg to change personal details or apply for jobs) to the extent that you are authorised to perform such self-service.

You may not otherwise copy or change the Vocortex Materials, and must not adapt, communicate, sell, or otherwise deal with the Vocortex Materials. You must not:

  1. tamper with any copyright notice appearing on Vocortex or in Vocortex Materials accessed via Vocortex; or
  2. subsequently disseminate any Vocortex Materials accessed via Vocortex to other people.

If you complete any online documents on Vocortex or in materials accessed via Vocortex, Vocortex will own all rights in the content that you enter into those documents. Completing those online documents, does not transfer any intellectual property rights in those online documents to you.

"Vocortex" and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of Vocortex or its affiliates. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Vocortex's express prior written consent. You must not tamper with or commercially use any trade mark, logo or names (including business names and domain names), appearing on this website or in materials accessed via this website.

Certain software and other material provided or available on or through Vocortex may be stated to be subject to special or additional rules or conditions. These rules and conditions form part of these Terms and Conditions.

You acknowledge and agree that:

  1. you will not do anything to or which might hinder, impede, invalidate or challenge Vocortex's ownership of or entitlement to use or the registration of any part of the intellectual property or which might diminish the value of the intellectual property; and
  2. any use of Vocortex, including its content and services, other than as expressly permitted by these Terms and Conditions or by law, is not licensed and is strictly prohibited.

5. Disclaimers

Vocortex is provided to you on "as is" and "as available" basis and may, from time to time, contain errors, faults and inaccuracies. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we and all third parties who have provided material for inclusion on Vocortex (Content Providers), make no representation and provide no express or implied warranty or guarantee about the security of Vocortex, the safety of any file or software associated with it (such as safety from any virus or defects including those that could damage or interfere with any data, software or hardware with which it might be used) or that access to Vocortex will be uninterrupted.

The content of Vocortex is general and provided for information purposes only. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we and all Content Providers do not give any express or implied warranties and make no representations in relation to Vocortex. In particular, while reasonable care is taken in its preparation, Vocortex and its Content Providers do not guarantee or warrant the accuracy, quality, completeness, reliability or currency of Vocortex (including any errors in or omissions from the content of Vocortex), or of any Vocortex or third party websites, materials, information, products or services promoted or accessed via Vocortex, or their usefulness in achieving any purpose. Information on Vocortex should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided.

Vocortex does not provide telecommunications services and does not warrant that you will have continuous access to Vocortex or that it will be supplied fault free. Vocortex will not be liable in the event that Vocortex is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. Vocortex reserves the right to suspend or terminate the availability of Vocortex at any time.

You agree to access and use Vocortex, including its content and services, entirely at your own risk.

Vocortex makes no claims that Vocortex are appropriate, legal or may be downloaded outside Australia. Access to Vocortex and other content and services may not be legal by certain persons or in certain countries. If you access Vocortex from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

6. Limitation of liability

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Vocortex and its officers, employees, agents and Content Providers accept no liability for any loss, damage, illness or injury (including any loss of profits or income, business interruption or loss or corruption of data or other information):

  1. arising from:
    1. your access to or use of Vocortex or websites linked from Vocortex;
    2. the information on Vocortex, or on websites linked from Vocortex, being incorrect, incomplete or misleading;
    3. any action or indecision by you in reliance of the information contained on Vocortex; and
    4. any delay or interruption in access to or use of Vocortex or websites linked from Vocortex; and
  2. for any personal injury, including death, caused by access to, use or misuse of Vocortex including their content and services.

7. Privacy

Vocortex is committed to protecting the privacy of your personal information and will handle your information in line with our Privacy Policy

8. Third party websites

Vocortex may, from time to time, facilitate access to other web-based services delivered by third parties. Where access to these services is via Vocortex's own web pages (either on each occasion that you link to those third party sites or upon the first occasion that you link to a third party site and register for using it), then any information which you have provided to Vocortex for your own registration to use the Vocortex pages may be transmitted by Vocortex to the operator of that third party web site along with other data that Vocortex holds or has established in relation to you that is necessary to authenticate your status as a current registered Vocortex user.

This is regardless of whether you have registered for Vocortex only in order to be able to access that third party site or whether you have previously registered for Vocortex and subsequently decide to access a third party web site.

This transmission of data is to facilitate your registration for using the third party site and authenticate you as a member of Vocortex. By linking to a third party's web site through our Vocortex facility, you consent to the transmission of this information. You also acknowledge that unless otherwise expressly stated in Vocortex and in a relevant third party web site, Vocortex is not responsible for any of the services, content, facilities or advice contained in such a web site.

Vocortex does not endorse or verify the accuracy of the content on any third party websites. Vocortex has no control over and is not responsible for the content of linked third party sites, sites framed within Vocortex, or third-party advertisements, and does not endorse or make any representations regarding their suitability, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such sites and the privacy policy applicable to any such site. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Vocortex is not responsible for and will not be liable in respect of any incorrect link to an external website.

Vocortex recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

9. Indemnity

You agree to defend, indemnify and hold harmless Vocortex and its officers, directors, employees and agents from and against all claims, demands, actions, suits, loss, damages, liabilities and costs (including solicitors' costs on a solicitor and own client basis) related to or arising directly or indirectly from any and all of the following:

  1. your conduct as contemplated by these Terms and Conditions including performance of your respective obligations under these Terms and Conditions;
  2. breaches by you of these Terms and Conditions;
  3. conduct and activities occurring under your security credentials;
  4. provision by you of inaccurate, misleading or deceptive information or defamatory, libellous, unlawful or illegal material contained within your Member Content or your information and data; and
  5. claims or demands, whether or not proven, made by any third party, due to or arising from any breach by you of these Terms and Conditions or any use of Vocortex including its content or services by you or any person using your security credentials, or on the basis that your Member Content or your information and/or data infringes or may infringe any third party's patent, copyright or other intellectual property, or any moral, privacy or publicity rights.

10. Cookies and tracking

When you visit the Vocortex website, our servers collect routine logging information such as the pages visited, the time of your visit, the web browser that you are using, and the IP address associated with your request and will handle your information in line with our Cookie Policy

If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you will not be able to access Vocortex.

11. Suspension and termination

In addition to any other suspension or termination rights specified in these Terms and Conditions, Vocortex may at any time suspend or terminate your registration to Vocortex if in its opinion:

  1. you breach these Terms and Conditions;
  2. you commit any dishonest or fraudulent act in relation to these Terms and Conditions;
  3. you behave in a manner which in the reasonable opinion of Vocortex might tend to adversely affect the reputation or public image of Vocortex; or
  4. you infringe any intellectual property right or privacy, moral or publicity right of Vocortex or any third party.

Upon termination of your registration:

  1. your security credentials will be cancelled and you will no longer be able or entitled to access Vocortex;
  2. the perpetual licence you have granted to Vocortex to use your Member Content shall continue;
  3. your licence to use the materials on Vocortex automatically terminates; and
  4. any provisions of these Terms and Conditions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms. These shall include without limitation clauses 5, 6, 7, 8 and 11 and any other provision in these Terms and Conditions where such survival is expressly stated.

12. Changes to Terms and Conditions

Each time you log in to Vocortex, you will be taken to be agreeing to these Terms and Conditions. Vocortex reserves the right from time to time to change any of these terms and conditions without prior notice or your consent, so please read these terms and conditions whenever you log in.

13. Other terms and conditions

These Terms and Conditions are in addition to the terms and conditions:

  1. that apply to any specific transactions undertaken by you (such as purchasing ad packs via the Vocortex website); and
  2. contained in any third party documents and websites accessed from this website.

14. General

be transferred or assigned directly or indirectly without the prior written consent of Vocortex. If the whole or any part of these Terms and Conditions are invalid, unenforceable, illegal, void or voidable for any reason, these Terms and Conditions will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

A waiver by Vocortex of any breach or a failure to enforce or to insist on the observance of a condition of these Terms and Conditions will not be a waiver of any other or of any subsequent breach.

Vocortex will not be responsible or liable for failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God.

These Terms and Conditions are governed by the laws in force in the State of Victoria, Australia. Both you and Vocortex irrevocably submit to the non-exclusive jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.

These Terms and Conditions were last updated on 26/07/2016.

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